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Articles 1 - 30 of 63
Full-Text Articles in Law
Silent Today, Conversant Tomorrow: Education Adequacy As A Political Question, Yeju Hwang
Silent Today, Conversant Tomorrow: Education Adequacy As A Political Question, Yeju Hwang
Northwestern University Law Review
When the Supreme Court declined to recognize the right to education as one fundamental to liberty, and thus unprotected by the U.S. Constitution, state courts took on the mantle as the next best fora for those yearning for judicial review of inequities present in American public schools. The explicit inclusion of the right to education in each state’s constitution carried the torch of optimism into the late twentieth century. Despite half a century of litigation in the states, the condition of the nation’s public school system remains troubling and perhaps increasingly falls short of expectations. Less competitive on an international …
Sffa V. Harvard College: Closing The Doors Of Equality In Education, Ediberto Roman
Sffa V. Harvard College: Closing The Doors Of Equality In Education, Ediberto Roman
Seattle University Law Review
The United States Supreme Court’s recent combined decision ending affirmative action in Students for Fair Admissions v. Harvard College and Students for Fair Admissions v. University of North Carolina was hailed in conservative circles as the beginning of “the long road” towards racial equality. Others declared that “the opinion may begin the restoration of our nation’s constitutional colorblind legal covenant.” Another writer pronounced, “Affirmative action perpetuated racial discrimination. Its end is a huge step forward.” A Washington-based opinion page even declared: “[T]he demise of race-based affirmative action should inspire renewed commitment to the ideal of equal opportunity in America.” Despite …
We Shall Overcome: The Evolution Of Quotas In The Land Of The Free And The Home Of Samba, Stella Emery Santana
We Shall Overcome: The Evolution Of Quotas In The Land Of The Free And The Home Of Samba, Stella Emery Santana
Seattle University Law Review
When were voices given to the voiceless? When will education be permitted to all? When will we need to protest no more? It’s the twenty-first century, and the fight for equity in higher education remains a challenge to peoples all over the world. While students in the United States must deal with the increase in loans, in Brazil, only around 20% of youth between the ages of twenty-five and thirty-four have a higher education degree.
The primary objective of this Article is to conduct an in-depth comparative analysis of the development, implementation, and legal adjudication of educational quota systems within …
Challenging Florida’S Parental Rights In Education Act, Aka The “Don’T Say Gay” Law: Finding Equality Through Equal Protection Doctrine, Nelson Garcia
Challenging Florida’S Parental Rights In Education Act, Aka The “Don’T Say Gay” Law: Finding Equality Through Equal Protection Doctrine, Nelson Garcia
University of Miami Race & Social Justice Law Review
No abstract provided.
Pathways To Liberty: What Colonial, Antebellum, And Postbellum Education Can Teach Us About Today, Danielle Wingfield
Pathways To Liberty: What Colonial, Antebellum, And Postbellum Education Can Teach Us About Today, Danielle Wingfield
William & Mary Bill of Rights Journal
Education is a critical part of nation-building. More specifically, it can also be a powerful pathway to liberty and a tool for disseminating knowledge. However, historically it has been used to subjugate and censor vulnerable groups like women, socio-economically disadvantaged persons, as well as men of color. Therefore, to avoid subordinating members of such minoritized groups and suppressing uncomfortable historical facts, advocates must continually evaluate the purpose and method of education. Such persistent monitoring can provide a basis for constructive reform of public education in the United States. Such reform must also consider changing social conditions.
Presently, for example, public …
Inconsistencies In State Court Decisions Regarding Public School Financing Are Violating The Constitutional Rights Of Citizens: Why The Nevada Court In Shea V. State Should Have Intervened, Corinne Milnamow
University of Miami Law Review
In 1973, the Supreme Court decided the landmark case, San Antonio Independent School District v. Rodriguez, which held there was no fundamental right to education under the United States Constitution. In the years that have followed Rodriguez, state courts across the country have been left to decide issues related to public school financing. Many plaintiffs in these cases will argue that education is a fundamental right under their state’s constitution and that their respective state’s public school financing structure—one that heavily relies on local property taxes—is unconstitutional because of the discrepancies in the quality of education one will receive in …
"Covid-19 Was The Publicist For Homeschooling" And States Need To Finally Take Homeschooling Regulations Seriously Post-Pandemic, Kristia Hoffman
"Covid-19 Was The Publicist For Homeschooling" And States Need To Finally Take Homeschooling Regulations Seriously Post-Pandemic, Kristia Hoffman
FIU Law Review
Homeschooling was rapidly growing in the U.S. even before COVID-19. The pandemic accelerated this growth by quickly exposing nearly every American family to homeschooling in some form. The pandemic has ushered in a new age of homeschooling characterized by flexibility, technology, collaboration, and alternative forms of schooling beyond the traditional parent-teaching-child framework. Although the Supreme Court has never recognized a fundamental right of parents to homeschool their children, it has repeatedly recognized that parents have the right to direct their children’s education and to choose to educate them in the way they deem fit. There is debate as to what …
Crisis As A Catalyst For Rebirth: Disrupting Entrenched Educational Inequality In The Covid Era, Erin M. Carr
Crisis As A Catalyst For Rebirth: Disrupting Entrenched Educational Inequality In The Covid Era, Erin M. Carr
Journal of Race, Gender, and Ethnicity
The public health and socio-economic crisis that has resulted from the pandemic has amplified existing social inequalities. The disparate racial impact of COVID-19 is a consequence of enduring social, economic, and political injustices that manifest in the form of health status and access, wealth, employment, and housing, all of which have contributed to a greater susceptibility to the virus by racially minoritized communities. racial inequities, educational inequities,
The compounding of racial inequities in all aspects of American life has logically extended to the educational sphere, where pre-pandemic educational inequities have been greatly exacerbated. In marking the passage of the 65th …
Moving From Harm Mitigation To Affirmative Discrimination Mitigation: The Untapped Potential Of Artificial Intelligence To Fight School Segregation And Other Forms Of Racial Discrimination, Andrew Gall
Catholic University Journal of Law and Technology
No abstract provided.
Title Ix Administers A Booster Shot: The Effect Of Private Donations On Title Ix, Charlotte Franklin
Title Ix Administers A Booster Shot: The Effect Of Private Donations On Title Ix, Charlotte Franklin
Northwestern Journal of Law & Social Policy
Title IX of the Education Amendments of 1972 (Title IX) prohibits discrimination on the basis of sex in federally funded education programs or activities. Since its enactment, Title IX has dramatically increased interscholastic and intercollegiate athletic opportunities for women and girls. Despite indisputable progress since Title IX’s enactment, particularly for female athletes, many high schools and universities still fail to offer equal athletic opportunities for members of both sexes. Inadequate educational resources for high school and university athletic department administrators leads to a misunderstanding of Title IX’s requirements. This misunderstanding results in institutional misconduct and non-compliance with Title IX. In …
Unsafe At Any Campus: Don't Let Colleges Become The Next Cruise Ships, Nursing Homes, And Food Processing Plants, Peter H. Huang, Debra S. Austin Dr
Unsafe At Any Campus: Don't Let Colleges Become The Next Cruise Ships, Nursing Homes, And Food Processing Plants, Peter H. Huang, Debra S. Austin Dr
Indiana Law Journal
The decision to educate our students via in-person or online learning environments while COVID-19 is unrestrained is a false choice, when the clear path to achieve our chief objective safely, the education of our students, can be done online. Our decision-making should be guided by the overriding principle that people matter more than money. We recognize that lost tuition revenue if students delay or defer education is an institutional concern, but we posit that many students and parents would prefer a safer online alternative to riskier in-person options, especially as we get closer to fall, and American death tolls rise. …
School “Safety” Measures Jump Constitutional Guardrails, Maryam Ahranjani
School “Safety” Measures Jump Constitutional Guardrails, Maryam Ahranjani
Seattle University Law Review
In the wake of George Floyd’s murder and efforts to achieve racial justice through systemic reform, this Article argues that widespread “security” measures in public schools, including embedded law enforcement officers, jump constitutional guardrails. These measures must be rethought in light of their negative impact on all children and in favor of more effective—and constitutionally compliant—alternatives to promote school safety. The Black Lives Matter, #DefundthePolice, #abolishthepolice, and #DefundSchoolPolice movements shine a timely and bright spotlight on how the prisonization of public schools leads to the mistreatment of children, particularly children with disabilities, boys, Black and brown children, and low-income children. …
Designing The Legal Architecture To Protect Education As A Civil Right, Kimberly J. Robinson
Designing The Legal Architecture To Protect Education As A Civil Right, Kimberly J. Robinson
Indiana Law Journal
Although education has always existed at the epicenter of the battle for civil rights, federal and state law and policy fail to protect education as a civil right. This collective failure harms a wide array of our national interests, including our foundational interests in an educated democracy and a productive workforce. This Article proposes innovative reforms to both federal and state law and policy that would protect education as a civil right. It also explains why the U.S. approach to education federalism will require legal reforms by both levels of government to protect education as a civil right.
Internet Architecture And Disability, Blake Reid
Internet Architecture And Disability, Blake Reid
Indiana Law Journal
The Internet is essential for education, employment, information, and cultural and democratic participation. For tens of millions of people with disabilities in the United States, barriers to accessing the Internet—including the visual presentation of information to people who are blind or visually impaired, the aural presentation of information to people who are deaf or hard of hearing, and the persistence of Internet technology, interfaces, and content without regard to prohibitive cognitive load for people with cognitive and intellectual disabilities—collectively pose one of the most significant civil rights issues of the information age. Yet disability law lacks a comprehensive theoretical approach …
Introduction, Colin Crawford, Daniel Bonilla Maldonado
Introduction, Colin Crawford, Daniel Bonilla Maldonado
Indiana Journal of Global Legal Studies
The papers gathered in this volume analyze access to justice in Latin America, Europe, and North America from a philosophical, legal, and sociological perspective. In these three regions of the world, as in the rest of the globe, liberal democracies face a troubling gap between the normative and the descriptive: the access to justice promises made by the legal and political system are not fully realized in practice. The studies collected here, therefore, share two baseline assumptions. First, the right of access to justice is fundamental in a liberal state. Access to justice ensures that citizens are able to defend …
The Methodology Of Social Adaptation Following The Liberation Of A Wrongful Conviction, Ashantwa Jackman
The Methodology Of Social Adaptation Following The Liberation Of A Wrongful Conviction, Ashantwa Jackman
Journal of Race, Gender, and Ethnicity
No abstract provided.
O Brother Where Art Thou? The Struggles Of African American Men In The Global Economy Of The Information Age, Kenneth G. Dau-Schmidt
O Brother Where Art Thou? The Struggles Of African American Men In The Global Economy Of The Information Age, Kenneth G. Dau-Schmidt
Indiana Journal of Law and Social Equality
As early as the late 1980’s, William Wilson argued that widespread economic transitions had altered the socioeconomic structure of American inner cities to the detriment of African Americans. Wilson identified declines in manufacturing work and its replacement with poorly compensated service sector work as driving racial segregation and leaving African Americans jobless, poor and alienated from American society. These transitions were particularly problematic for African American men since manufacturing work was their primary gateway to middle-class employment while African American women had already focused more on service work.
Since the initial exposition of Wilson’s theory of deindustrialization, Wilson’s framework of …
The Pursuit Of Comprehensive Education Funding Reform Via Litigation, Lisa Scruggs
The Pursuit Of Comprehensive Education Funding Reform Via Litigation, Lisa Scruggs
Northwestern Journal of Law & Social Policy
No abstract provided.
Panel Discussion: The Right To Education: With Liberty, Justice, And Education For All?
Panel Discussion: The Right To Education: With Liberty, Justice, And Education For All?
Northwestern Journal of Law & Social Policy
No abstract provided.
A Class Action Lawsuit For The Right To A Minimum Education In Detroit, Carter G. Phillips
A Class Action Lawsuit For The Right To A Minimum Education In Detroit, Carter G. Phillips
Northwestern Journal of Law & Social Policy
No abstract provided.
The Upside Of Deep Fakes, Jessica Silbey, Woodrow Hartzog
The Upside Of Deep Fakes, Jessica Silbey, Woodrow Hartzog
Maryland Law Review
No abstract provided.
Title Ix And Gender Stereotype Theory: Protecting Students From Parental Status Discrimination, Jocelyn Tillisch
Title Ix And Gender Stereotype Theory: Protecting Students From Parental Status Discrimination, Jocelyn Tillisch
Seattle University Law Review
This Comment asserts that students who experience discrimination on the basis of parental status have a cause of action under Title IX by using the gender stereotyping theory that is common in Title VII analysis as illustrated by Tingley-Kelley v. Trustees of the University of Pennsylvania. Part I will first provide an overview of the applicable law surrounding Title IX and Title VII. Part II will briefly summarize application of the gender stereotype theory and the applicable case law that provides the legal framework for this proposition. Part III will detail how the Title VII framework can be followed to …
Litigating Trauma As Disability In American Schools, Taylor N. Mullaney
Litigating Trauma As Disability In American Schools, Taylor N. Mullaney
Northwestern Journal of Law & Social Policy
No abstract provided.
No Child Left Behind Bars: Suspending Willful Defiance To Disassemble The School-To-Prison Pipeline, Danielle Dankner
No Child Left Behind Bars: Suspending Willful Defiance To Disassemble The School-To-Prison Pipeline, Danielle Dankner
Loyola of Los Angeles Law Review
With the criminalization of school discipline and the subsequent increased involvement between students and the juvenile justice system, a path from school to prison became entrenched. Public schools across the nation continued to increase their reliance on punitive disciplinary measures to punish a range of behaviors. Through these measures, schools began to perceive pushed out students as problematic, despite the lack of evidence supporting the efficacy of such policies. Due to school disciplinarians’ implicit bias when enforcing exclusionary policies, students of color and students with disabilities are most at risk. In the hopes of alleviating the devastating effects of the …
Charter Schools And School Desegregation Law, Will Stancil
Charter Schools And School Desegregation Law, Will Stancil
Mitchell Hamline Law Review
No abstract provided.
Justiciability Of State Law School Segregation Claims, Will Stancil, Jim Hilbert
Justiciability Of State Law School Segregation Claims, Will Stancil, Jim Hilbert
Mitchell Hamline Law Review
No abstract provided.
Legal Education And The Civil Law System, Rodrigo Sadi
Legal Education And The Civil Law System, Rodrigo Sadi
NYLS Law Review
No abstract provided.
The Uneasy History Of Experiential Education In U.S. Law Schools, Peter A. Joy
The Uneasy History Of Experiential Education In U.S. Law Schools, Peter A. Joy
Dickinson Law Review (2017-Present)
This article explores the history of legal education, particularly the rise of experiential learning and its importance. In the early years of legal education in the United States, law schools devalued the development of practical skills in students, and many legal educators viewed practical experience in prospective faculty as a “taint.” This article begins with a brief history of these early years and how legal education subsequently evolved with greater involvement of the American Bar Association (ABA). With involvement of the ABA came a call for greater uniformity in legal education and guidelines to help law schools establish criteria for …
College Graduation As An Entrance Requirement To Law Schools, W. Harrison Hitchler
College Graduation As An Entrance Requirement To Law Schools, W. Harrison Hitchler
Dickinson Law Review (2017-Present)
No abstract provided.
Changing The Modal Law School: Rethinking U.S. Legal Education In (Most) Schools, Nancy B. Rapoport
Changing The Modal Law School: Rethinking U.S. Legal Education In (Most) Schools, Nancy B. Rapoport
Dickinson Law Review (2017-Present)
This essay argues that discussions of educational reform in U.S. law schools have suffered from a fundamental misconception: that the education provided in all of the American Bar Association-accredited schools is roughly the same. A better description of the educational opportunities provided by ABA-accredited law schools would group the schools into three rough clusters: the “elite” law schools, the modal (most frequently occurring) law schools, and the precarious law schools. Because the elite law schools do not need much “reforming,” the better focus of reform would concentrate on the modal and precarious schools; however, both elite and modal law schools …